The Music Behind GOP Candidates’ Campaigns
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REM, Neil Young and Survivor are just some of the artists who have had surprises this summer. However, not all surprises are pleasant. As a musician, discovering that your music has been used without your permission can be your worst nightmare. The reason is because oftentimes, there is not much you can do about it.
READ MORE: 9 Politically Active Musicians
When we watch the sitcom ‘Friends’, we have a tendency to start humming the theme song ‘I’ll Be There For You’. When we think of James Bond, we are inclined to recall the dramatic melodies that make up the essence of Bond themes.
That’s what soundtracks are meant to do: associate a movie, a story and sometimes a time period in our lives to a musical reference.
When politicians, such as current GOP candidates, pick a soundtrack to their campaigns, it is a far more complicated affair. Artists have long been angered by politicians for unauthorized use of their music.
In 2008, McCain managed to upset the Foo Fighters with his use of their 1997 song ‘My Hero’. Similarly, K’naan criticized Mitt Romney in 2012 for the latter’s use of the artist’s 2010 FIFA World Cup theme song ‘Wavin’ Flag’. Even on an international level, Annie Lennox, who is one half of the Eurythmics, blasted Israeli politician Tzipi Livini for choosing the band’s 1999 hit ‘I Saved The World Today’ as the theme of her campaign in 2009.
Neil Young at the Trent FM Arena in Nottingham. (Andy Roo/ Flickr)
Attorney Lincoln Bandlow, who was famously involved in the lawsuit between Jackson Browne and 2008 presidential candidate John McCain for his use of the song ‘Running On Empty’, explains that despite artists owning the copyrights to their music, they cannot always legally stop politicians from using it.
“Sometimes a political candidate can appear in a venue where the venue itself has a blanket license to publicly perform music,” he said. "So if a candidate appears at a venue that has one of those blanket licenses, at least from the standpoint of the copyrights and the song, it’s a licensed use."
Earlier this summer, following GOP candidate Donald Trump’s use of Neil Young’s 1989 hit ‘Rockin’ In The Free World’, which resulted in sharp criticism by Young, Trump’s campaign manager Corey Lewandowski was quick to clarify that “through a licensing agreement with ASCAP, Mr. Trump’s campaign paid for and obtained the legal right to use [the song].”
Melody Ector, a student at USC Thornton School of Music, agrees that sometimes, not much can be done if you are an artist.
“If I’m in a contract with a record label, I think they have the right to play my music and give it to whoever,” she said. “I would be upset, but I can’t do anything because I’m in a contract with them, so I just have to let it be.”
The unauthorized use of an artist’s music is often controversial because the musician whose work was featured may not necessarily believe in the politician’s campaign, according to Bandlow.
This observation is echoed by Richard Wolf, Adjunct Professor at USC Thornton School of Music. “If an artist finds that his/her music is being used to further a cause that is morally objectionable to them, they should have the right to refuse permission for their music to be used in that context,” he said.
Yet, politicians are often tempted to attach a musical element to their campaigns for they contend that these songs add the extra oomph that they need to boost their profile or to polish their image.
“Candidates feel these songs can be very motivational and inspirational to people, or they somehow express a theme that the candidate believes in,” explained Bandlow.
Despite the commotion surrounding copyrights, the process of seeking a license and paying licensing fees is relatively straightforward.
“You can go to music licensing entities that are in charge of doing that. It’s not the most difficult thing in the world to do,” he elaborated. “The expense is really relevant to how much you want to use and for what purpose.”
While frequency of use can range from a one-time use to an entire campaign, the cost can accordingly vary from a few hundred dollars to millions of dollars.
At the end of the day, what matters most to artists is remuneration for their work. Even if they do not agree with certain politicians’ views, musicians usually grant their permission, so long as permission is not confused with endorsement.
Donald Trump speaking at CPAC 2011 in Washington, D.C (Gage Skidmore/ Flickr)
“As long as they come to me and ask, sure,” reaffirms the student. “If Donald Trump asked for my music, I would let the world know, I hate him. But he’s playing my music, so business is business.”
That said, rejection is sometimes the best remedy to address such moral dilemmas, as it resonates better with audiences.
“I believe that when Springsteen objected to Reagan's use of his song, that his message got across loud and clear without a lawsuit,” asserted Wolf.
